Adoración Castro Jover

Freedom of Conscience, Conscientious Objection and Right to the Conscientious Objection

  • Abstract

Informations and abstract

Keywords: Freedom of Conscience; Conscientious Objection; Rigtht to Conscientious Objection.

The person who objects faces always a mandatory or prohibitive legal norm, issued to protect common good, or other people's rights, which avoids or obliges him or her to act against his/her conscience. Legal and judicial analisis proves but with few exceptions how suitable legal norms are to guarantee both the right to conscientious objection -a direct and individual right- and the rights of other people. As far as the legal norm contains undefined legal concepts, the case must/should be resolved by a civil servant institutions and or a judge. On the contrary, the conflict between two individual rights should be sentenced by a judge.

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